|
3.3
|
Copy of the previous application (priority document)
| |
|
|
The copy of the previous application, i.e. the priority document, must be filed within 16 months of the priority date (see also A-III, 6.7 and A-VII, 3.5).
|
|
Rule 38(3)
|
|
However, in accordance with Rule 38(4) and the decision of the President of the EPO dated 22 December 1998 (OJ 2/1999, 80), the EPO will include a copy of the previous application in the file of the European patent application without charging a fee, if the previous application is:
|
|
Rule 38(4)
|
|
(i)
|
a European patent application;
| |
|
|
(ii)
|
an international application filed with the EPO as receiving Office under the PCT;
| |
|
|
(iii)
|
a Japanese patent or utility model application; or
| |
|
|
(iv)
|
an international application filed with the Japanese Patent Office as receiving Office under the PCT.
| |
|
|
No request is necessary to this end. As soon as the EPO has included in the file of the European patent application a copy of the previous application, it informs the applicant accordingly (decision of the President of the EPO dated 9 March 2000 (OJ 5/2000, 227)). It should be noted, however, that if the language of the previous application is not one of the official languages of the EPO, it is still necessary to file the translation or declaration under Rule 38(5) (see V, 3.4 and the Notice from the EPO published in OJ 4/2002, 192).
|
|
|
CHAPTER V PRIORITY
3.2 Declaration of priority
3.4 Translation of the previous application
